Ohio Code § 2317.06
Ohio Code § 2317.06. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.
§ 2317.06.
(A) If a party or witness, after testifying orally, dies, is beyond the jurisdiction
of the court, cannot be found after diligent search, is unable to testify because
of any physical or mental infirmity, or has been summoned but appears to have been
kept away by the adverse party and if the evidence of the party or witness has been
taken down by an official stenographer, the evidence so taken may be read in evidence
by either party on the further trial of the case and shall be prima-facie evidence
of what the deceased party or witness testified to orally on the former trial. If the evidence has not been taken by an official stenographer, it may be proved
by witnesses who were present at the former trial, having knowledge of the testimony. All testimony so offered shall be open to all objections that might be taken if
the witness was personally present. (B)(1) If it is necessary in a civil action before the court to procure the testimony of
a person who is imprisoned in a workhouse, juvenile detention facility, jail, or state
correctional institution within this state, or who is in the custody of the department
of youth services, the court shall require that the person's testimony be taken by
deposition pursuant to the Civil Rules at the place of the person's confinement, unless
the court determines that the interests of justice demand that the person be brought
before the court for the presentation of the person's testimony. (2) If the court determines that the interests of justice demand that a person specified
in division (B)(1) of this section be brought before the court for the presentation
of the person's testimony, the court shall order the person to be brought before it
under the procedures set forth in division (B) or (C) of section 2945.47 of the Revised Code . (C) When a person's deposition is taken pursuant to division (B)(1) of this section,
the person shall remain in the custody of the officer who is in charge of the person,
and the officer shall provide reasonable facilities for the taking of the deposition. (D) The person requesting the testimony of the person whose deposition is taken pursuant
to division (B)(1) of this section shall pay the expense of taking the deposition,
except that the court may tax the expense as court costs in appropriate cases.
Source: official Ohio text · Last verified 2026-08-27
At a glance
- Citation: Ohio Revised Code § 2317.06
- Jurisdiction: Ohio
- Code: Ohio Revised Code
- Text: transcribed from the official source (verify below)
Verify the text
Statute text is transcribed from the official Ohio Revised Code. Confirm it against the primary source before relying on it:
Not legal advice. Verify against the official source and consult a licensed Ohio attorney.
Common questions
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The text above is transcribed from the Ohio Revised Code, the codified statutes of Ohio. The official publisher link appears under "Verify the text" on this page.
What subject does Ohio Revised Code § 2317.06 address?
It addresses the rule set out in the section text. Read the section together with the surrounding provisions listed under "Nearby provisions" for the full picture.
Is Ohio Revised Code § 2317.06 still in force?
Statutes are amended, repealed, and renumbered every session. Confirm the current version at the official Ohio source before relying on this text.
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